GOKULDAS SHENOY Vs. BALLAKURAYA

JUDGEMENT

(1.) The short question for consideration in this revision is whether the 1st respondent is a tenant of an immovable property with the building thereon entitled to fixity of tenure under the Kerala Land Reforms Act or whether he is a lessee of a building with the land appurtenant thereto exempted under S.3(1)(ii) of the Act. The Land Tribunal before whom the 1st respondent sought purchase of the rights of the landlord found him to be a tenant of immovable property and directed a purchase certificate to he issued. On appeal, the Appellate Authority (Land Reforms) concurred with the order of the Land Tribunal and dismissed the appeal. Hence the revision.

(2.) When the matter came up for hearing before a learned Single Judge of this court, it was felt that the document prima facie appears to he a lease of land and not a building. But in view of the unreported Division Bench decision of this Court in S.A.No.1293 of 1964, the learned single Judge directed the case to be heard by a Division Bench. That is how the matter is now before us.

(3.) Heard counsel on both sides.